150. The Court notes that, through the Armed Forces Command, the State required
compliance with additional requirements to those expressly contemplated in Ministerial
Resolution No. 316/09, without indicating why they were necessary before providing the
requested information. The military authority also did not respond to the clarifications
requested by the Flores Bedregal sisters on the requirements (supra para. 64). In response,
the Flores Bedregal sisters filed a constitutional amparo action that was declared inadmissible
in limine by the domestic courts.
151. Consequently, the Court considers that the State did not guarantee access to
information to the Flores Bedregal sisters, in accordance with Ministerial Resolution No.
316/09 that authorized the access of victims of military dictatorships and their families to the
archives, public records, and documents of the Armed Forces, and hindered access to
information relevant to determining the truth of what happened to Juan Carlos Flores
Bedregal.
C.
General Conclusion
152. The Court considers that, in cases of forced disappearance of persons such as the one
perpetrated in the context of the interruption of democracy by a coup d'état, access to the
information contained in the archives of the Armed Forces is indispensable to clarify State
responsibility and satisfy the right to the truth. To this end, the authorities must declassify
files and documents of the security forces to obtain evidence or clues relevant to the
investigation and clarification of human rights violations. The authorities must also guarantee
access to information for the families of victims of forced disappearance, as well as for society
as a whole, in order to ensure the right to the truth. In the instant case, the judicial and
administrative obstacles faced by the Flores Bedregal sisters in their requests for access to
information on the whereabouts of Juan Carlos Flores Bedregal constitute violations of Articles
13(1) and 13(2) of the American Convention in conjunction with Article 1(1) of the same
instrument.
153. In relation to the Commission's allegation that Article 98 of the Organic Law of the
Armed Forces is incompatible with the obligation to adapt domestic law to the norms of the
Convention, the Court argues that the precept on the confidentiality of information provided
by the Commander in Chief restricts the right of access to information in cases in which it
seeks to clarify the forced disappearance of persons. Therefore, this rule is contrary to the
standards established by the case law of this Court on access to information by victims of
serious human rights violations and, consequently, the State is responsible for the violation
of Article 13 of the Convention, in relation to the obligation to adapt its domestic law
established in Article 2 of the same instrument.
154. In addition, the Court finds that the obligation to maintain the confidentiality of the
information provided by the Commander in Chief of the Armed Forces affects the independent
exercise of the judicial function, since it constitutes an obstacle to the use of such information
by the judicial authorities in the framework of the processes presented for its deliberation.
Although, according to Article 98 of the Organic Law of the Armed Forces, and as occurred in
this case, the military authorities must deliver the information requested by the judicial
authorities, the information classified as "inviolable secret" is kept confidential and, therefore,
the judicial authority is prevented from transferring it to the parties to the process and using
it as part of the argumentation. In view of the foregoing, by virtue of the iura novit curia
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